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habitat. However, the legally binding DEPARTMENT OF THE INTERIOR finding is to be made within 90 days of duty to avoid destruction or adverse receipt of the petition, and the finding modification of critical habitat rests Fish and Wildlife Service is to be published in the Federal squarely on the Federal agency. Register. Furthermore, to the extent that non- 50 CFR Part 17 This finding summarizes information Federal entities are indirectly impacted included in the petition and information because they receive Federal assistance Endangered and Threatened Wildlife available to us at the time of the petition or participate in a voluntary Federal aid and Plants; 90-Day Finding on a review. A 90-day finding under section program, the Unfunded Mandates Petition To List the Thorne’s Hairstreak 4(b)(3)(A) of the Act and § 424.14(b) of Reform Act would not apply; nor would as Threatened or Endangered our regulations is limited to a critical habitat shift the costs of the large AGENCY: Fish and Wildlife Service, determination of whether the entitlement programs listed above on to Interior. information in the petition meets the ‘‘substantial information’’ threshold. State governments. ACTION: Notice of 90-day petition Substantial information is ‘‘that amount finding. (b) As discussed in the draft economic of information that would lead a analysis of the proposed designation of SUMMARY: reasonable person to believe that the critical habitat for the ABM, the impacts We, the U.S. Fish and Wildlife Service (Service), announce a measure proposed in the petition may on nonprofits and small governments be warranted’’ (50 CFR 424.14(b)). are expected to be negligible. It is likely 90-day finding on a petition to list the that small governments involved with Thorne’s hairstreak butterfly Previous Federal Action developments and infrastructure ( [Mitoura] grynea thornei or Callophrys [Mitoura] thornei) as an The Thorne’s hairstreak butterfly was projects will be interested parties or included as a Category 2 candidate involved with projects involving section under the Endangered Species Act of 1973, as species in our November 21, 1991 (56 7 consultations for the ABM within FR 58804), and November 15, 1994 (59 their jurisdictional areas. Any costs amended. We find the petition does not provide substantial scientific or FR 58982), Candidate Notices of Review associated with this activity are likely to (CNOR). Category 2 included taxa for represent a small portion of a local commercial information indicating the requested action is warranted. which information in the Service’s government’s budget. Consequently, we possession indicated that a proposed do not believe that the designation of Therefore, we will not initiate a further status review in response to this listing rule was possibly appropriate, critical habitat for this subspecies will but for which sufficient data on significantly or uniquely affect these petition. We ask the public to submit to us any new information that becomes biological vulnerability and threats were small governmental entities. As such, a not available to support a proposed rule. available concerning the status of the Small Government Agency Plan is not In the CNOR published on February 28, Thorne’s hairstreak butterfly or threats required. 1996, the Service announced a revised to it. list of plant and taxa that were Takings DATES: The finding announced in this regarded as candidates for possible document was made on August 8, 2006. In accordance with E.O. 12630 addition to the List of Threatened and ADDRESSES: The complete file for this (‘‘Government Actions and Interference Endangered Species (61 FR 7595). The finding is available for public with Constitutionally Protected Private revised candidate list included only inspection, by appointment, during Property Rights’’), we have analyzed the former Category 1 species. All former normal business hours at the Carlsbad potential takings implications of Category 2 species were dropped from Fish and Wildlife Office, U.S. Fish and proposing critical habitat for the ABM. the list in order to reduce confusion Wildlife Service, 6010 Hidden Valley Critical habitat designation does not about the conservation status of these Road, Carlsbad, CA 92011. New affect landowner actions that do not species, and to clarify that the Service information, materials, comments, or require Federal funding or permits, nor no longer regarded these species as questions concerning the Thorne’s does it preclude development of habitat candidates for listing. Since the hairstreak butterfly may be submitted to conservation programs or issuance of Thorne’s hairstreak butterfly was a us at any time at the above address. incidental take permits to permit actions Category 2 species, it was no longer that do require Federal funding or FOR FURTHER INFORMATION CONTACT: Jim recognized as a candidate species as of permits to go forward. In conclusion, Bartel, Field Supervisor, Carlsbad Fish the February 28, 1996, CNOR. ADDRESSES On June 4, 1991, the Service received the designation of critical habitat for and Wildlife Office (see a petition dated May 27, 1991, from this subspecies does not pose significant section above), by telephone at 760– David Hogan of the takings implications. 431–9440, or by facsimile to 760–431– 9624. Persons who use a Biodiversity Project to list the Thorne’s Author telecommunications device for the deaf hairstreak butterfly, Hermes copper (TDD) may call the Federal Information butterfly (Hermelycaena [Lycaena] The primary author of this notice is Relay Service (FIRS) at 800–877–8339, hermes), Laguna Mountains Rob Tawes of the Daphne Fish and 24 hours a day, 7 days a week. ( lagunae), and Harbison’s Wildlife Office (see ADDRESSES section). SUPPLEMENTARY INFORMATION: dun skipper (Euphyes vestries The authority for this action is the harbinsoni) as endangered under the Endangered Species Act of 1973 (16 Background Act. In a Federal Register notice dated U.S.C. 1531 et seq.). Section 4(b)(3)(A) of the Endangered July 19, 1993 (58 FR 38549), the Service Species Act (Act) (16 U.S.C. 1531 et announced its finding on the petition. Dated: July 17, 2006. seq.) requires that we make a finding on We found that the petition presented Matt Hogan, whether a petition to list, delist, or substantial information for the Laguna Acting Assistant Secretary for Fish and reclassify a species presents substantial Mountains skipper, but not for the other Wildlife and Parks. information to indicate that the three . However, the finding [FR Doc. E6–12317 Filed 8–7–06; 8:45 am] petitioned action may be warranted. To also concluded that other substantial BILLING CODE 4310–55–P the maximum extent practicable, this information existed to support a

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decision that listing may be warranted day finding on the petition to list the Callophrys gryneus thornei and for the other three butterflies, including Hermes copper butterfly will be Callophrys gryneus loki, respectively. the Thorne’s hairstreak butterfly, and published in the Federal Register The petitioner deferred to other announced our intention to continue the separately. experts regarding the appropriate formal status review of these species. In In completing this 90-day finding, the classification, taxonomic rank, of a proposed rule for the Laguna Service has reviewed not only the Thorne’s hairstreak butterfly (i.e., Mountain skipper and Quino information submitted in the petition, species or subspecies). In 2004, the checkerspot butterflies published on but also information in our files. This Service contracted with Dr. Richard W. August 4, 1994 (59 FR 39869), the includes all of the data we had obtained Van Buskirk (Pacific University in Service clarified that the negative 90- prior to the July 19, 1993, not Forest Grove, Oregon) to review the day finding on the Thorne’s hairstreak substantial finding that would have taxonomic status of Thorne’s hairstreak butterfly and the other two butterflies been considered in any internal status butterfly. Following Van Buskirk’s ‘‘was made because sufficient reviews had one been completed, as recommendation (Van Buskirk 2004), information was not available regarding well as all of the information we have the Service recognizes Thorne’s the threats to and biological continued to collect on this species to hairstreak butterfly as the subspecies vulnerability of these’’ butterflies. date. Based on all new information and Callophrys gryneus thornei. Though we have continued and will our analysis below, we have determined continue to collect available data on the that the petition does not present Description Thorne’s hairstreak butterfly and the substantial scientific or commercial Adult Thorne’s hairstreak butterflies other two butterflies, we did not information indicating that listing the are approximately 1.0 to 1.2 inches in complete the status review of Thorne’s Thorne’s hairstreak butterfly may be wingspan (25.4 to 30.5 millimeters) hairstreak butterfly pursuant to section warranted or that a status review or (Brown 1983). The forewings and 4(b)(3)(A) of the Act. status assessment should be conducted. hindwings are rich reddish brown with On October 25, 2004, the Service Taxonomy dark brown shading on the margin. The ventral surface forewing is mahogany received an updated petition to list the Thorne’s hairstreak butterfly (Mitoura brown with traces of lavender Thorne’s hairstreak and Hermes copper thornei) was originally described by overscaling. The males bear well- butterflies as endangered from David John Brown (1983) based on a specimen developed scent pads on the forewings, Hogan of the Center for Biological collected by Fred Thorne in 1972, near and the hindwings are tailed. Eggs are Diversity. Petitioners also sought Lower Otay Lake, which is generally emergency listing protection for west of Otay Mountain. Brown round (echinoid), light green, and laid Thorne’s hairstreak and designation of distinguished M. thornei from its closest singly on the food plant. Garth and critical habitat for both butterfly taxa relative M. loki on the basis of host Tilden (1986) provide a description of concurrent with listing, if warranted. preference (cypress (Cupressus) versus the butterfly’s early stages. Included in the petition was juniper (Juniperus)), the color of the The Thorne’s hairstreak butterfly is information regarding the subspecies’s ventral hindwing surface (green versus bivoltine (has two flight periods per taxonomy, biology, ecology, historical purple), and geographical isolation. year) and overwinters in the pupal and current distribution, present status, Brown (1983) described Thorne’s stage. The pupation time for first and potential causes of decline and hairstreak butterfly at the species rank, generation is about 10 to 15 days, with imminent threats. In a letter dated May which has been accepted by many emergence occurring in late February 9, 2005, the Service determined that subsequent authors (Garth and Tilden through March or possibly early April, despite apparent threats to Thorne’s 1986; Ballmer and Pratt 1988; Emmel et depending on rainfall. The second hairstreak butterfly, such threats did not al. 1998; Opler and Warren 2004). generation emerges in June. A third appear to be of a magnitude and severity However, some authors disagree with brood may take place in September if to warrant emergency listing. In our this classification. Shields (1984) summer rains occur (Faulkner and Klein response, we also advised the considers Thorne’s hairstreak butterfly a 2005). petitioners that we had insufficient subspecies of M. loki, and Scott (1986) Eggs incubate in 7 to 14 days. The funds to respond to the petitions at that lists it as a subspecies of the Cedar first instar larvae initially bore into the time. On March 15, 2005, we received hairstreak (Callophrys gryneus). The young stems of the host plant, Tecate a 60-day notice of intent to sue filed by issue of the taxonomic ranking and cypress (), but later the Center for Biological Diversity for placement of Thorne’s hairstreak become external feeders. Pupation is in lack of response to the Thorne’s butterfly was considered by the the duff and leaf litter at the base of the hairstreak and Hermes copper butterfly Committee on Scientific Names of North host plant, and larvae feed on young petitions. On October 18, 2005, the American Butterflies in 1999. The cypress stems. Mature larvae are vivid Center for Biological Diversity filed a committee adopted the recommendation green with two irregular white crescents complaint for declaratory and injunctive made by Dr. Robert K. Robbins, an on each segment, forming a longitudinal relief challenging our failure to make expert on (Research white stripe along each side of the the required 90-day findings on these Entomologist with U.S. Department of larvae (Faulkner and Klein 2005). two petitions. The Service agreed to Agriculture’s Systematic Entomology Conifer-eating larvae within family submit 90-day petition findings on Laboratory at the National Museum of Lycaenidae are an unusual occurrence. Thorne’s hairstreak and Hermes copper Natural History, Smithsonian Within San Diego County, its congeners butterflies to the Federal Register by Institution), that both M. loki and M. Callophrys gryneus loki (juniper August 1, 2006, and if the 90-day thornei should be treated as belonging hairstreak) and Callophrys nelsoni findings determined that listing may be to the superspecies, C. gryneus (Nelson’s hairstreak) have only been warranted, to submit 12-month findings (Faulkner and Klein 2005). Currently, found in association with to the Federal Register by June 1, 2007. the committee’s Checklist of North juniper () and This notice constitutes our 90-day American Butterflies (North American incense cedar () finding on the petition to list the Butterfly Association (NABA) 2004) host plants, respectively (Faulkner and Thorne’s hairstreak butterfly. The 90- includes M. thornei and M. loki as Klein 2005).

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Habitat Historically, the Thorne’s hairstreak cypress over 6 ft (2 m) tall) was According to Brown (1983), Thorne’s butterfly has been reported on Otay evaluated as part of a post-2003 Otay/ hairstreak butterfly is restricted to its Mountain in San Diego County, Mine fire reassessment of species larval host plant, Tecate cypress. primarily in Little Cedar Canyon and covered by the section 10(a)(1)(B) Associated with ecosystems in Cedar Canyon (Klein and Williams permit associated with the San Diego southern California and northern Baja 2003). An unconfirmed historic Multiple Species Conservation Plan California, Tecate cypress occurs observation of the subspecies in Orange (MSCP). Surveys of Tecate cypress primarily on north-facing slopes from County on private land has been stands conducted in 2004 revealed the reported (R. Stanford pers. comm. in presence of 4 to 5 areas occupied by the near sea level to over 4,200 feet (ft) Faulkner and Klein 2005). Multiple, subspecies (Martin 2004; Klein 2006). (1,300 meters (m)) in elevation (Dunn consecutive surveys over 10 years However, Martin (2004) and Klein 1986). Although some experts within areas containing Tecate cypress (2006) acknowledge that not all cypress hypothesized that larvae eat only on Tecate Peak and Guatay Mountain in stands were surveyed due to mature Tecate cypress at least 25 to 30 San Diego County and some stands in accessibility. No quantitative data on years old (Klein and Williams 2003; , Mexico, conducted population size exist. Faulkner and Klein 2005), recent post- annually during the late 1980s and early fire observations of adults in three Threats Analysis 1990s, did not yield any Thorne’s stands of cypress trees less than 9 years hairstreak butterflies (Anderson 2003). In the following discussion, we old within a 1996 fire footprint However, we do not have respond to each of the major assertions (Faulkner and Klein 2005) do not documentation of these surveys and are made in the petition, organized by the support that hypothesis. Thus, the best unable to determine what proportion of Act’s listing factors. Section 4 of the Act available information indicates Thorne’s the Tecate cypress stands on Tecate and its implementing regulations (50 hairstreak butterflies can use host plants Peak and Guatay Mountain in San Diego CFR 424) set forth the procedures for as young as 9 years of age. County were surveyed. Therefore, it is adding species to the Federal list of Adult Thorne’s hairstreak butterflies unclear whether these surveys efforts endangered and threatened species. A are known to nectar on Eriogonum constitute comprehensive surveys of the species may be determined to be fasciculatum (California buckwheat), Tecate cypress stands in these areas. endangered or threatened due to one or Ceanothus tomentosus (Ramona lilac), Limited sampling in the Sierra Peak- more of the five factors described in and Lotus scoparius (deerweed), in the Coal Canyon area in Orange County did section 4(a)(1) of the Act. The five vicinity of Tecate cypress stands not yield any Thorne’s hairstreak listing factors are: (A) The present or (Faulkner and Klein 2005). butterfly observations (Brown 1983). threatened destruction, modification, or Thorne’s hairstreak butterfly dispersal More than 20 groves of Tecate cypress curtailment of its habitat or range; (B) behavior is not well known. An are documented by botanical collections overutilization for commercial, individual was observed nectaring on or aerial imagery from Baja California recreational, scientific, or educational deerweed plants 0.25 miles (mi) (0.4 Norte, Mexico, indicating potential purposes; (C) disease or predation; (D) kilometer (km)) away from the nearest distribution of the Thorne’s hairstreak the inadequacy of existing regulatory Tecate cypress (Faulkner and Klein butterfly in Mexico. Minnich (1987) mechanisms; and (E) other natural or 2005). Adults have been observed described the northernmost stands of manmade factors affecting its continued nectaring on California buckwheat as Tecate cypress in Mexico as extensions existence. much as 197 ft (60 m) away from Tecate of U.S. populations at the border. As This 90-day finding is not a status cypress trees (Faulkner and Klein 2005). stated above, some surveys have been assessment and does not constitute a Mattoni (1998) gave estimated relative conducted in Tecate cypress stands in status review under the Act. A brief movement values for three species of Baja California, Mexico for Thorne’s discussion of how each of the five Callophrys butterflies in the greater Los hairstreak butterflies during the late listing factors applies to the Thorne’s Angeles area. Two species were 1980’s and early 1990’s. However, since hairstreak butterfly follows. estimated to move between 330–3300 ft we do not have documentation of these (100–1000 m), and one from 3300 ft to surveys, it is unclear what proportion of A. The Present or Threatened 30 mi (1–50 km). Among butterflies, the the Tecate cypress stands in Baja were Destruction, Modification, or genus Callophrys appears to be surveyed. Therefore, more investigation Curtailment of Habitat or Range relatively sedentary. is required to determine the possible The petition, its appendices, and Historical and Current Range/ extent of undiscovered populations of referenced documents discuss the Distribution Thorne’s hairstreak butterfly in Tecate following threats that we have grouped cypress stands in Mexico. under Factor A: wildfire, prescribed fire, Thorne’s hairstreak butterfly is known grazing, and vehicle access and Population Estimates/Status only from the vicinity of Otay Mountain recreation. in southern San Diego County, No specific data on Thorne’s California, in association with its larval hairstreak butterfly abundance or Wildfire host plant, Tecate cypress. Though not population dynamics and distribution Information provided by the common within the limits of its range, exists, although a number of apparently petitioner. The petitioner asserts that Tecate cypress occurs in widely discrete occupied locations have been Thorne’s hairstreak butterfly is highly scattered and isolated ‘‘floristic islands’’ identified. The petition states that fewer and immediately vulnerable to in the chaparral of southern California than 10 historically occupied locations extinction due to the threat of wildfire and Baja California Norte (Griffin and have been identified on Otay Mountain as a result of direct mortality of Critchfield 1972; Dunn 1986; Minnich (Klein and Williams 2003) primarily individuals and indirect mortality due 1987). In California, Tecate cypress is within designated wilderness to loss of the subspecies’ larval host found on Guatay Mountain, Otay administered by the Bureau of Land plant, Tecate cypress. (The threat of Mountain, and Tecate Peak in San Diego Management (BLM). The status of wildfire as it relates to direct mortality County; and on Sierra Peak and in Coal Thorne’s hairstreak butterfly and its of individual butterflies is discussed Canyon in Orange County (Dunn 1986). habitat (areas dominated by Tecate under Factor E.) They assert that one

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single new fire could cause the observations that exotic grasses and conifer forest, conifer forest, shrublands, extinction of this butterfly. The 2003 forbs appear to be increasing in former and desert shrublands (Zedler 1981; Otay/Mine fire served as an example of Tecate cypress habitat following the Zedler et al. 1983; Keeley et al. 1999; the threat of fire to the butterfly when 2003 fire. Keeley and Fotheringham 2003; Wells et it burned 68 percent of the Thorne’s Analysis of the information provided al. 2004). In a GIS modeling study, hairstreak butterfly habitat (Betzler et al. in the petition and available to us at the Wells et al. (2004) largely concurred 2003). The petitioner claims the number time of petition review. Though cypress with Keeley et al (1999) that increasing of fires greatly exceeds natural fire trees do not survive fire, fire is integral human population (especially at lower frequencies in southern California’s to initiating cone opening and seed elevations) has resulted in a greater chaparral ecosystems, and the excessive dispersal and is, therefore, critical for number of fires and an increase in area fires have reduced stands of mature successful regeneration of Tecate burned overall in Southern California. Tecate cypress utilized by Thorne’s cypress stands (Zedler 1977; Dunn However, looking at fire frequency for hairstreak butterflies. 1986). Cone production begins as early chaparral in San Diego County The petitioner provided a map as 5 to 7 years of age, but is sporadic specifically, Wells et al. (2004) illustrating multiple fires that have until the trees reach about 30 years of concluded that the ‘‘trend in burning in burned through and near Thorne’s age, and maximum cone production chaparral is virtually flat over the past hairstreak butterfly locations within the may not be achieved until 50 years or century, and if the years following 1950 last century. According to the petition, later (Zedler 1981; Dunn 1986). For are considered, there has been a marked increased human populations and cypress population levels to be decrease in area burned since then.’’ utilization of wildlands correlates with maintained, the interval between fires Few studies have examined the increased southern California wildfire must be long enough to permit enough association between fire frequency and frequency (Keeley et al. 1999; Keeley trees to produce sufficient cones and population dynamics of Tecate cypress 2001 [document not submitted with seeds to replace the trees consumed in specifically. Dunn (1985, 1986) petition]; Keeley and Fotheringham the fire. Zedler (1981) noted that if [all] concluded at the time of his work in the 2003; Wells et al. 2004). stands of Tecate cypress were burned 1980s that the Tecate cypress The petitioner cited two references, every 33 years, his ‘‘data suggest that population on Otay Mountain, the Brooks et al. (2002 [correct citation near extinction would result after three largest population in California (about 2004]) and Keeley and Fotheringham or four fires. Cone and seed production 5,900 acres (2,400 hectares)), was ‘‘in no (2003), which provide examples where depend on factors other than age alone excessive fire harms chaparral and a large variation in average tree size immediate danger’’ and that ‘‘a fire ecosystems and dependent species in a and hence cone production exists would do little damage’’ because the number of ways. The petition quoted within stands.’’ majority of the trees were over 40 years Keeley and Fotheringham (2003), Faulkner and Klein (2005) agreed old and the threat of fire associated with ‘‘* * * ecosystem health of shrublands with Brown (1993) who stated that, the human interface was relatively low. is threatened not by lack of fire but by ‘‘[c]haparral fires probably represent the In fact, Dunn (1984) had concluded in high fire frequencies that exceed the greatest threat to * * * [Tecate cypress] his Master’s thesis that, at that time, no resilience of many species.’’ The and its associated fauna, need existed for strict fire exclusion on petitioner claims that excessive fire including Thorne’s hairstreak butterfly.’’ Otay Mountain. As stated above, contributes to expansion of highly Though human-induced ignitions have increasing human population has flammable, invasive, alien grasses been a part of the California landscape resulted in a greater number of fires in (D’Antonio and Vitousek 1992) and for more than 10,000 years, humans California. However, while portions of forbs, contributing in turn to an even ‘‘likely have had a greater influence in the Tecate cypress stands on Otay greater fire frequency. Excessively the twentieth century due to the near Mountain were burned in 1996 and frequent fire (more than once a decade) exponential rise in population density again in the 2003, no recent data exist may prevent nonsprouting chaparral and fire frequency in the southern part documenting the actual extent of impact shrubs from reaching maturity, thereby of the state’’ (Keeley and Fotheringham to Tecate cypress specifically. Although eliminating these species entirely from 2003). The frequency of smaller fires Zedler and others (1983) documented a the system (Keeley and Fotheringham proximal to the Mexican Border may decline in native shrub abundance with 2003). have increased on Otay Mountain, and, the introduction of annual ryegrass According to the petitioners, frequent as the petitioner claims, this may be due (Lolium multiflorum) following two fires fire also leads to type conversion and to increasing ignition by illegal in 1979 and 1980 on Otay Mountain replacement of chaparral ecosystems immigrants and associated border patrol (i.e., the petitioner’s claim of type with alien plant species (Keeley 2001; activities since the 1990s (Jacob 1999, conversion in the San Ysidro Mountains Keeley and Fotheringham 2003). The California Department of Forestry and within 1 mi of Thorne’s hairstreak petitioner asserted that fire-induced Fire prevention (CDF) 2006). For butterfly populations), this work did not conversion of Tecate cypress and example, in 2004, over 100 fires were involve Tecate cypress and is not surrounding chaparral to vegetation reported on Otay Mountain (Woychak applicable to the species. Moreover, in dominated by invasive plant species 2006). However, the majority of these a recent study of the fire frequency and reduces Thorne’s hairstreak butterfly fires were relatively small and localized population trend in four Tecate cypress habitat through loss of host and nectar (Porter 2006) and only affected small populations in California, cited on page plants. Moreover, the petitioner percentages of areas likely to be 9 of the petition (cited as ‘‘Ansary in reported that Zedler et al. (1983) Thorne’s hairstreak habitat patches print ’’), de Gouvenain and Ansary (in documented vegetation conversion in associated with Tecate cypress. press) reported that the Otay Mountain, the San Ysidro Mountains within 1 mi The majority of the studies examining Tecate Peak, and Guatay populations of Thorne’s hairstreak butterfly the impacts of fire frequency on ‘‘appeared to be stable or potentially populations. Based on a personal California plant communities have increasing’’ (i.e., the rate of population communication with Michael Klein, a focused primarily on overall impacts to increase or λ > 1), while only the Coal Thorne’s hairstreak butterfly expert, the dominant vegetative types, such as Canyon/Sierra Peak population in petitioner also refers to anecdotal , chaparral, hardwood Orange County ‘‘appeared to be

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declining’’ due to a shorter fire interval to survey all potential habitat areas and decreasing overall. Also, although at that site. his analysis was limited to stands of at Zedler et al. (1983) documented a We used GIS data in our files to least 50 mature trees, additional stands decline in native shrub abundance overlay Tecate cypress distribution on and stands of less than 50 mature and following two fires in 1979 and 1980 on the petition map illustrating multiple immature trees may have persisted after Otay Mountain, they state that changes fires that have burned through and near the fire. to the vegetative community following Thorne’s hairstreak butterfly locations Also, de Gouvenain and Ansary (in the 1979 fire alone are similar to those within the last century, and determined press) hypothesize that the steep north- commonly seen in chaparral fires. Their the majority of Tecate cypress was facing slopes and rocky outcrops where study was not conducted in an area within one or two fire footprints during Tecate cypress is found may function as occupied by Tecate cypress. The the 93 year period from 1910 to 2003. refugia for Tecate cypress during fire common pattern after chaparral fires is Therefore, information in our files does events in the surrounding chaparral for native and introduced annual herbs not support the claim that the fire habitat. A comprehensive survey of to dominate for the 1st year and then frequency is high relative to Tecate Tecate cypress on Otay Mountain is gradually decline as the cover of shrub cypress reproductive maturity. needed in order to accurately determine and subshrubs increases (Zedler et al. As cited in the petition, 68 percent of the extent of the impact caused by the (1983). They reported drastic reductions the Thorne’s hairstreak butterfly habitat 2003 fire and to what extent the in several chaparral species, particularly (Tecate cypress) burned during the 2003 Thorne’s hairstreak butterfly is utilizing those with limited dispersal and Otay/Mine fire, a reduction from 5,577 the remaining Tecate cypress habitat (at specialized germination requirements, ac (2,257 ha) to 1,778 ac (720 ha) least 3,799 ac (1,537 ha)). after the same area that burned in 1979 according to preliminary estimates by With regard to curtailment of habitat burned again in 1980. However, they Betzler et al. (2003). Nonetheless, and range by fire, it is important to state that over time, it is likely that butterfly occupation was documented consider that Thorne’s hairstreak habitat coastal sage scrub species, particularly after the 2003 fire in 2004 and 2005, distribution on Otay Mountain is those that are vigorous invaders of man- mostly on the southwest slope of the slightly greater than that of its larval made and natural disturbance, mountain within the 1996 burn area that host plant (Tecate cypress), and must be including Eriogonum fasciculatum, a did not burn in 2003 (Martin 2004; based on adult resource use and nectar source for Thorne’s hairstreak Faulkner and Klein 2005; Klein 2006). movement between and on the butterfly, are likely to reoccupy the area. While the fire footprint was estimated periphery of host plant stands. Given Therefore, it is likely that while the by Betzler et al. (2003) to have covered the evolutionary relationship of vegetative community may undergo 68 percent of the Tecate cypress habitat Thorne’s hairstreak and Tecate cypress short-term conversion, over time, native, on Otay Mountain, the amount of Tecate with fire, it is likely burned areas fire adapted species will reestablish. cypress that actually burned is likely devoid of woody vegetation and In sum, information in the petition less. The source cited by Betzler et al. reduced butterfly population density and available to us does not substantiate (2003) was a report prepared by the after fire facilitate movement between a recent decline or downward trend in Interagency Burned Area Emergency unburned host plant patches. For the extent of Tecate cypress on Otay Response Team (IBAERT 2003), which example, in a mark-recapture study of Mountain, the host plant of the Thorne’s gives vegetation mortality estimates in Parnassius smintheus (Papilionidae) hairstreak butterfly, as a result of categories of 0 to 25 percent, 26 to 75 butterflies, Roland et al. (2000) increased fire frequency and associated percent, and greater than 76 percent. It concluded ‘‘butterflies move readily alien plant invasion. is not clear how Betzler et. al. (2003) through open meadow but that forests calculated the 68 percent burned habitat are twice as resistant to butterfly Prescribed Fire area, however it could have been based movement. Butterflies also tended to Information provided in the petition. on the percent of mapped Tecate stay at sites with high numbers of The petitioner states that while cypress distribution within those burn butterflies, but readily emigrate from prescribed fire does not appear to be categories given by IBAERT (2003); sites with small populations.’’ Roland et planned for the San Ysidro Mountains, therefore, Betzler et al. (2003) may not al.’s (2000) results are a good example it could compound the threat of have known how much Tecate cypress of how differences in habitat structure excessive fire to Thorne’s hairstreak within the fire footprint was actually and population density can affect butterflies and Tecate cypress if killed. butterfly movement. Differences in implemented in the future. Limited post-fire monitoring in 2004 population densities and habitat Analysis of information provided in revealed the presence of at least five structure are known to commonly affect the petition and available to us at the unburned stands of mature Tecate movement patterns of butterflies (Ries time of petition review. No evidence cypress (defined for the survey as a and Debinski 2001; Service 2003). exists to support the petitioner’s claim patch of at least 50 trees greater than 2 Along with the direct loss of Tecate that prescribed burning would be meters tall), four of which were cypress, the Thorne’s hairstreak allowed within the Otay Mountain determined to be occupied by adult butterfly’s host plant, the petitioners Wilderness. The current BLM policy is Thorne’s hairstreak butterflies at the claim that increased fire frequency 100 percent fire suppression on Otay time of the survey (Martin 2004). Two results in the conversion of Tecate Mountain (Woychak 2006). areas adjacent to or within canyons cypress and surrounding chaparral to known to contain Tecate cypress were vegetation dominated by invasive plant Grazing not surveyed in 2004. At least one area, species, further reducing the amount of Information provided in the petition. the lower portion of O’Neal Canyon may host and nectar plants. As discussed The petitioner stated that BLM contain a significant stand since the above, it appears that Tecate cypress authorizes grazing on Otay Mountain in upper portion supports the largest stand populations on Otay Mountain are an area occupied by Thorne’s hairstreak of extant cypress (Martin 2004). stable and potentially increasing overall butterfly prior to the 2003 Otay/Mine According to Martin (2004), these five and that frequency of fire in chaparral fire and near the ‘‘last five known stands constituted approximately 166 ac communities in San Diego County over remaining populations.’’ The allotment (36 ha). However, since he was not able the past century is stable or potentially is now vacant according to agency staff,

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but BLM is actively considering renewal result in significant direct and indirect indicating listing Thorne’s hairstreak of this grazing lease, according to a harm to Thorne’s hairstreak butterflies butterfly may be warranted due to Notice of Proposed Action dated May and Tecate cypress populations. The Factor A (destruction, modification, or 26, 2004. petitioner failed to provide specific curtailment of habitat or range). The petitioner claimed that renewal of examples of negative impacts from B. The Overutilization for Commercial, the Otay Mountain grazing allotment grazing on Thorne’s hairstreak lease would result in significant direct butterflies and Tecate cypress. Sporting, Scientific, or Education and indirect effects similar to those Comparison to Quino checkerspot Purposes identified by the Service for the Quino butterfly grazing threats is not The petitioner did not provide checkerspot butterfly (January 16, 1997; appropriate because host plants for that information with respect to Factor B. 62 FR 2313). The Quino checkerspot subspecies, unlike Tecate cypress, are We have no information regarding the butterfly recovery plan (Service 2003) herbaceous annuals directly affected by overutilization for commercial, sporting, noted that grazing may harm the grazing and type-conversion of open- scientific, or education purposes for butterfly through destruction of larval canopy vegetation. Thorne’s hairstreak butterfly. host plants, soil compaction, degradation of cryptogamic soil crusts, Vehicle Access and Recreation C. Disease or Predation and trampling of eggs and larvae. The Information provided by the The petitioner did not provide any invasion of alien plants may be petitioner. The petitioner claims BLM’s information with respect to disease nor facilitated by degradation of soil crusts. emphasis on recreation in the San do we have any information regarding The recovery plan recommends phasing Ysidro Mountains, and maintenance of impacts of disease on Thorne’s out of commercial grazing in Quino vehicle access likely increases the risk hairstreak butterfly. checkerspot butterfly’s habitat. of new fires. BLM lands occupied by the The petitioner also stated that grazing subspecies are located within the Predation on the Otay Mountain allotment could agency’s designated Otay Mountain Information provided in the petition. harm the Thorne’s hairstreak butterfly Wilderness. Roads grandfathered into The petitioner stated that experts and Tecate cypress even if grazing is the wilderness designation generally suspect birds, predatory , excluded around existing populations of allow unrestricted public access in close parasitic insects, and spiders prey upon these species because grazing could lead proximity to Thorne’s hairstreak the Thorne’s hairstreak butterfly. Birds to the introduction of invasive alien butterfly populations except during may prey on either larvae or adults. The plants. These plants could increase fire special closures. harmful effects of otherwise normal frequency, resulting in the loss of Analysis of information provided in predation or parasitism might be populations of sensitive species and the petition and available to us at the exacerbated by population reduction habitat degradation, and may result in time of petition review. Although public from excessive fires. subsequent further expansion of alien access is allowed, the Otay Mountain Analysis of information provided in plants through additional disturbance Wilderness is remote, and few people the petition and available to us at the from fire. visit the wilderness area. Because of the time of petition review. The petitioner Analysis of information provided in proximity of the wilderness area to the did not provide specific information, the petition and available to us at the United States-Mexico international nor was there any information available time of petition review. We confirmed border, border operations (e.g., in our files, documenting that the that an active 5,522 acre (2,235 ha) BLM surveillance and patrolling) are common Thorne’s hairstreak butterfly may be grazing allotment exists on Otay throughout the wilderness. Traffic is endangered by predation. Mountain (Doran 2006) that overlaps concentrated on few main roads occupied Thorne’s hairstreak butterfly adjacent to occupied Thorne’s hairstreak D. The Inadequacy of Existing habitat. Approximately one-third of butterfly habitat. Border patrol vehicles Regulatory Mechanisms Tecate cypress woodland on the and vehicles accessing the wilderness The petition and referenced mountain (2,026 acres (820 ha)) occurs may increase the risk of new fires; documents discuss three regulatory within the Otay Mountain Grazing however, fires that are potentially mechanisms that may provide some Allotment on the north side of the started by the border patrol would be Thorne’s hairstreak butterfly mountain (Anderson and Love 2006). reported immediately. Since access by conservation, including (1) the Approximately half (20 acres (8 ha)) of the public is rare, and border patrol Wilderness Act, (2) BLM activities, and a patch of occupied mature Tecate vehicle ignitions would be reported, we (3) the San Diego Multiple Species cypress trees was confirmed to be believe vehicle access and recreation is Conservation Plan (MSCP). within the southern grazing allotment not a significant threat to the boundary in 2004 (Anderson and Love subspecies. The petitioner neglected to Wilderness Act and BLM Activities 2006). However, the grazing allotment is provide specific examples of vehicle Information provided by the petition. in a non-use status, which means that access and recreation increasing the risk While the petition acknowledged BLM the allottee does not intend to graze in of new fires to Thorne’s hairstreak lands occupied by the subspecies are the near term, and grazing is not butterfly habitat (i.e., Tecate cypress protected from urban development and allowed in the Cedar Canyon Area of stands), and we are unaware of any mining by the nature of the location Critical Environmental Concern (Doran documentation that directly links within the Otay Mountain Wilderness 2006). Also, Tecate cypress woodland vehicles and recreation as a threat to Area (designated under the Wilderness would not often be very accessible to this subspecies. Act), the petitioner asserted this area is cattle within the allotment, because of Because there is no clear threat of fire not intensely managed, and BLM does the extremely steep, thickly vegetated to Tecate cypress or Thorne’s hairstreak not implement proactive conservation terrain associated with Tecate cypress butterfly, and grazing and recreation measures for either the Thorne’s stands. impacts appear negligible, we conclude hairstreak butterfly or Tecate cypress. In We were unable to confirm the that the petition and other available addition, the petitioner maintained that petitioner’s assertion that the renewal of information does not constitute BLM does not recognize the Thorne’s the grazing allotment lease will likely substantial scientific information hairstreak butterfly as a ‘‘sensitive

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[sub]species.’’ The petitioner further understand the fire must be completely the inadequacy of existing regulatory claims Thorne’s hairstreak butterfly out before they abandon it (CDF 2006). mechanisms across all or a significant populations face an additional, unique BAFC member agencies represent a portion of its range. risk of excessive fire as U.S. border collaborative effort to prepare the area E. Other Natural or Manmade Factors enforcement has inadvertently directed for fire fighting purposes, including Affecting the Continued Existence illegal Mexican immigrant crossings establishment of three helispots and away from coastal urban areas toward construction of spur roads (BAFC 2006). The petition, its appendices, and wildland areas east of Otay Mesa. The Signs in Spanish posted across the referenced documents discuss the petitioner contends that fire and land mountain warn of the danger of starting following threats that we have grouped management agencies often identify campfires and advise against it. Also, under Factor E: wildfire, habitat illegal immigrant’s campfires and arson BLM’s current policy is 100 percent fire fragmentation, vulnerability of small as the cause of border-area wildfires. suppression on Otay Mountain and isolated populations, and global Analysis of information provided in (Woychak 2006). Therefore, while a climate change. the petition and available to us at the formal management plan would benefit Wildfire time of petition review. Congress the subspecies to guide long-term formally designated BLM lands on Otay monitoring and other types of Information provided in the petition. Mountain as the Otay Mountain conservation actions, it would not The petitioner stated the Thorne’s Wilderness in 1999 (Otay Mountain necessarily change current fire hairstreak butterfly cannot escape fire. Wilderness Act, December 11, 1999). prevention and suppression policies Pupae and larvae are likely killed when The inclusion of these occupied habitats and activities. fire burns Tecate cypress stands and within a designated Wilderness nearby chaparral. Adults are also likely provided additional significant San Diego MSCP killed by fire, due to their habit of protection for this area and Information in the petition. The remaining close to their host plant, and complemented BLM’s objective to petitioner stated that the Thorne’s the likelihood of their escape being manage these public lands to provide hairstreak butterfly is recognized as a outpaced by an approaching fire. The protection and enhancement for ‘‘covered species’’ under the MSCP and petition claims excessive fires over the biological values. The Wilderness Act of some conservation activities in the San last several decades have reduced 1964 (16 U.S.C. 1131) restricts vehicles, Ysidro Mountains occur, but these Thorne’s hairstreak butterfly population new developments, chainsaws, activities do not appear to have reduced numbers and disrupted metapopulation mountain bikes, leasing, and mining the primary threats to the subspecies, dynamics and stability. from the wilderness area. especially from excessive wildfire. Analysis of information provided in As cited in the petition, BLM’s South Analysis of information provided in the petition and available to us at the Coast Resource Management Plan the petition and available to us at the time of petition review. The persistence guides management and protection on time of petition review. Thorne’s of the Thorne’s hairstreak butterfly was sensitive species and their habitat. At hairstreak butterfly is covered under the considered questionable after the 2003 the time of the petition, BLM did not MSCP, and the MSCP recognizes that ‘‘a Otay/Mine fire, since the fire footprint recognize Thorne’s hairstreak as a fire management program would be appeared to cover all areas known to be ‘‘sensitive’’ subspecies; however, the needed for prevention of catastrophic occupied by the subspecies (Anderson subspecies was recently officially fires and long term viability of its host 2003; Klein and Williams 2003). designated as ‘‘sensitive,’’ elevating it to plant.’’ No fire management plan has However, adult Thorne’s hairstreak a higher management priority level been written to date, nor has BLM butterflies were documented from four (Schlachter 2006). developed a long-term management or Tecate cypress stands after the 2003 fire As stated in the petition, no formal monitoring plan for the butterfly (J. on the southwest slope of the mountain plans to specifically manage or monitor Schlachter 2006). However, the current (Martin 2004; Faulkner and Klein 2005; for Thorne’s hairstreak butterfly BLM policy is 100 percent fire Klein). Therefore, as discussed under currently exist. Thorne’s hairstreak suppression on Otay Mountain; BLM Factor A, it appears that some Tecate butterfly populations may face an has received allocations to complete a cypress habitat did not burn during that additional, unique risk of excessive fire wilderness management plan; and a fire fire and that the actual extent of due to activities related to illegal management plan is expected to be occupied habitat on Otay Mountain has Mexican immigrant crossings east of completed after the wilderness plan and not yet been determined. The petition Otay Mesa (Jacob 1999, CDF 2006). will focus on complete fuel suppression included a map delineating large fire However, since at this time it appears (Woychak 2006). footprints from 1910 to 2003. We used the primary source of the wildfire threat The Service considers the current GIS data in our files to overlay all to the subspecies is accidental wildfire BLM activities and policies, and the known occupancy records on the fire caused by illegal immigrants, and MSCP adequate for protection of the map and determined that 9 out of the 12 border security is currently greater than subspecies. If the MSCP or referenced Thorne’s hairstreak butterfly before to prevent illegal immigration, activities and polices are modified in observations (point data) and the fire prevention is indirectly maximized the future, the adequacy of these majority of Tecate cypress distribution by border patrol activities. Fire measures to protect the Thorne’s are within one or two fire footprints prevention measures include formation hairstreak butterfly should be evaluated during the 93 year period from 1910 to of the Border Agency Fire Council, at that time. The Service does not 2003. The apparent ability of Thorne’s (BAFC) a multi-agency council formed believe the absence of the cited plans hairstreak butterflies to recolonize due to the wildfire threat to human life poses a substantial threat such that the immature Tecate cypress stands less and the environment (Jacob 1999). The Thorne’s hairstreak butterfly requires than 9 years post-fire (Martin 2004; goals of the BAFC are to make people additional regulatory mechanisms to be Faulkner and Klein 2005; Klein), in the border area aware of the dangers developed. Therefore, the petition and compared to the relatively low large-fire of wildfire and encourage them to be other information in our files does not frequency indicated by the petition map careful with fire; preferably not to start present substantial information that the of less than 2 fires per 93 years, any campfires, but if they do, to subspecies is threatened at this time by contradicts petition claims of a direct

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mortality extinction threat due to high colonization of immature stands after a time of petition review. The petitioner fire frequency on Otay Mountain. Also, 1996 fire has been documented did not provide specific information as discussed under Factor A, the steep (Faulkner and Klein 2005). Also, as validating the claim that the Thorne’s canyons where Tecate cypress is found discussed above, surveys of potentially hairstreak butterfly may be endangered may provide refugia during a fire. occupied habitat on Otay Mountain are by global climate change. We recognize While immature Thorne’s hairstreak incomplete, and, as discussed under recent evaluations by Parmesan and butterflies have not been reported from Factor A, habitat patch distribution as Galbraith (2004) that whole ecosystems younger stands surveyed after fire, this defined by adult movement has not are seemingly being shifted northward. may be attributed to the fact that they been determined. However, neither the petition nor our are small and cryptic, making them files provides anything more than Vulnerability of Small and Isolated difficult to detect, and spend most of speculation on the type, magnitude, or Populations their larval stage (early instars) within temporal effects of ecosystem changes the tissue of the Tecate cypress or Information provided in the petition. that may be brought about by regional buried as pupae in the leaf litter on the The petitioner asserted that endemic climate change. We are not aware of any ground. Also, post-fire monitoring has taxa such as the Thorne’s hairstreak documentation available or provided by been limited. We are only aware of post- butterfly are generally considered more the petitioner that directly links global fire monitoring being conducted in prone to extinction than widespread warming as a threat to the subspecies, 2004. Therefore, additional monitoring species due to their restricted or how global warming specifically would be needed to determine the geographic range. According to the affects the subspecies. Therefore, we survival and recolonization rate of petition, the common factors that find that the petition does not contain immature and adult butterflies increase the vulnerability of small and substantial information suggesting that following a fire. isolated populations to extinction are global climate change may be a factor The petitioner did not provide demographic fluctuations, that threatens the Thorne’s hairstreak information or data to substantiate the environmental stochasticity (i.e., butterfly. claim that excessive fires over the last random events), and reduced genetic several decades have reduced Thorne’s diversity. Finding hairstreak butterfly population numbers Analysis of information provided in We evaluated each of the five listing and disrupted metapopulation the petition and available to us at the factors individually, and because the dynamics and stability. As stated in the time of petition review. Populations of threats to Thorne’s hairstreak butterfly ‘‘Population Estimates/Status’’ section Thorne’s hairstreak butterfly are likely are not mutually exclusive, we also of this finding, no quantitative data on subject to population fluctuations. If evaluated the collective effect of these population size exists nor do we have occupied habitat is temporarily threats. The petition focused primarily any information on the dispersal or fragmented by fire, fluctuation in on three listing factors: Factor A (the movement behavior of this subspecies. numbers could render small Present or Threatened Destruction, Without this information, it is not populations more vulnerable to Modification, or Curtailment of the possible to determine the subspecies’s stochastic extirpation. Small Species’ Habitat or Range), Factor D population structure (e.g., populations and isolation could subject (Inadequacy of Existing Regulatory metapopulation or panmicitic) and the butterfly to genetic drift and Mechanisms), and Factor E (Other subsequently, the impact of fire on restricted gene flow that may decrease Natural or Manmade Factors Affecting population numbers and structure. genetic variability over time and could the Continued Existence). More adversely affect the subspecies’ specifically, information in the petition Habitat Fragmentation viability. However, we lack the genetic suggests that fire poses the primary Information provided in the petition. or demographic evidence to support threat to Thorne’s hairstreak butterfly The petitioner claimed fragmentation of such claims in the petition, and habitat and populations because the Thorne’s hairstreak butterfly potential isolation of small populations subspecies’ range occurs on lands populations, through fire, type by fire appears to be short-term. susceptible to wildfires. However, it conversion, and roads, poses a Furthermore, surveys of potentially appears that frequency of fire in significant threat to the subspecies. The occupied habitat on Otay Mountain are occupied habitat over the past century petitioner noted that habitat incomplete and estimates of population is not high enough on average to fragmentation reduces the area of status/size do not currently exist. threaten the subspecies, and Tecate Thorne’s hairstreak butterfly habitat and Therefore, information in our files does cypress populations on Otay Mountain isolates populations from one another. not indicate small population size is a are stable and potentially increasing In addition, the petitioner claimed that threat to this subspecies. overall. Within areas that have burned, fragmentation expands edge habitat, the subspecies appears able to re- resulting in further stress on fragmented Global Climate Change colonize over time. or small populations. Information provided in the petition. Also, we have determined that Analysis of information provided in The petitioner asserted that butterflies Federal regulations and activities the petition and available to us at the are particularly sensitive to small (Wilderness Act, BLM fire suppression time of petition review. Neither the changes in microclimates, such as policy, Border Patrol enforcement petition nor information available fluctuations in moisture, temperature, or activities, and MSCP) provide a support the claim that fragmentation sunlight. According to the petition, significant level of protection for the threatens the subspecies existence studies of Edith’s checkerspot Thorne’s hairstreak butterfly and/or its within its known distribution on Otay (Euphydryas chalceona edithi) have habitat on Federal lands that include the Mountain. The best available verified speculation that whole subspecies entire known range. We will information indicates Thorne’s ecosystems may move northward or continue to work with the City and hairstreak butterfly is capable of re- shift in elevation as the Earth’s climate County of San Diego and the BLM to colonizing immature Tecate cypress warms (Parmesan and Galbraith 2004). avoid and minimize impacts to the stands in recently burned areas. For Analysis of the information provided Thorne’s hairstreak butterfly on their example, as stated above, re- in the petition and available to us at the lands.

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We have reviewed the petition and indicating that listing the Sand If we determine that listing the Sand literature cited in the petition and Mountain blue butterfly may be Mountain blue butterfly is warranted, it evaluated that information in relation to warranted. Therefore, with the is our intent to propose critical habitat information available to us. After this publication of this notice, we are to the maximum extent prudent and review and evaluation, we find the initiating a status review of the species, determinable at the time we would petition does not present substantial and we will issue a 12-month finding to propose to list the species. Therefore, scientific information to indicate listing determine if the petitioned action is we also request data and information on the Thorne’s hairstreak butterfly may be warranted. To ensure that the status what may constitute physical or warranted at this time. Although we review of the Sand Mountain blue biological features essential to the will not be commencing a status review butterfly is comprehensive, we are conservation of the species, where these in response to this petition, we will soliciting scientific and commercial data features are currently found, whether continue to monitor potential threats regarding this species. A determination any of these areas are in need of special and ongoing management actions that on critical habitat will be made if and management, and whether there are might be important with regard to the when a listing action is initiated for this areas not containing these features, conservation of the Thorne’s hairstreak species. which of themselves, might be essential butterfly across its range. We encourage DATES: The finding announced in this to the conservation of the species. interested parties to continue to gather document was made August 8, 2006. To Please provide specific comments as to data that will assist with the be considered in the 12-month finding what, if any, critical habitat should be conservation of the subspecies. for this petition, comments and proposed for designation, if the species information should be submitted to us is proposed for listing, and why that References Cited by October 10, 2006. proposed habitat meets the A complete list of all references cited ADDRESSES: Data, information, requirements of the Act. If you wish to comment or provide herein is available, upon request, from comments, or questions concerning this information, you may submit your our Carlsbad Fish and Wildlife Office petition and our finding should be comments and materials concerning this (see ADDRESSES section above). submitted to the Field Supervisor, finding to the Field Supervisor (see Nevada Fish and Wildlife Office, U.S. Author ADDRESSES). Fish and Wildlife Service, 1340 The primary authors of this notice are Our practice is to make comments and Financial Boulevard, Suite 234, Reno, materials provided, including names staff from the Carlsbad Fish and NV 89502 or via electronic mail at Wildlife Office (see ADDRESSES section and home addresses of respondents, [email protected]. The petition is available for public review during above). available at http://www.fws.gov/nevada/ _ _ regular business hours. We will not Authority nv species/sand blue.html. The consider anonymous comments and we petition, supporting data, and comments The authority for this action is the will make all comments available for will be available for public inspection, Endangered Species Act of 1973, as public inspection in their entirety. by appointment, during normal business amended (16 U.S.C. 1531 et seq.). Comments and materials received will hours at the above address. Dated: August 1, 2006. be available for public inspection, by FOR FURTHER INFORMATION CONTACT: appointment, during normal business H. Dale Hall, Robert D. Williams, Field Supervisor, hours at the address listed in the Director, Fish and Wildlife Service. Nevada Fish and Wildlife Office (see ADDRESSES section. [FR Doc. E6–12743 Filed 8–7–06; 8:45 am] ADDRESSES) (telephone 775/861–6300; BILLING CODE 4310–55–P facsimile 775/861–6301). Background SUPPLEMENTARY INFORMATION: Section 4(b)(3)(A) of the Endangered Species Act of 1973, as amended (16 DEPARTMENT OF THE INTERIOR Public Information Solicited U.S.C. 1531 et seq.), requires that we When we make a finding that make a finding on whether a petition to Fish and Wildlife Service substantial information is presented to list, delist, or reclassify a species indicate that listing a species may be presents substantial scientific or 50 CFR Part 17 warranted, we are required to promptly commercial information to indicate that commence a review of the status of the Endangered and Threatened Wildlife the petitioned action may be warranted. species. To ensure that the status review and Plants; 90-Day Finding on a We base this finding on information is complete and based on the best Petition to List the Sand Mountain Blue provided in the petition and available scientific and commercial Butterfly as Threatened or Endangered information otherwise available in our information, we are soliciting with Critical Habitat files at the time of petition review. To information on the Sand Mountain blue the maximum extent practicable, we AGENCY: Fish and Wildlife Service, butterfly. We request any additional make this finding within 90 days of our Interior. information, comments, and suggestions receipt of the petition, and publish our ACTION: Notice of 90-day petition from the public, other concerned notice of this finding promptly in the finding and initiation of status review. governmental agencies, Tribes, the Federal Register. scientific community, industry, or any Substantial information, as defined by SUMMARY: We, the U.S. Fish and other interested parties concerning the 50 CFR 424.14(b), is ‘‘that amount of Wildlife Service (Service), announce a status of the Sand Mountain blue information that would lead a 90-day finding on a petition to list the butterfly. We are seeking information reasonable person to believe that the Sand Mountain blue butterfly regarding the species’ historical and measure proposed in the petition may (Euphilotes pallescens arenamontana) current status and distribution, its be warranted’’ (50 CFR 424.14(b)). If we as threatened or endangered under the biology and ecology, ongoing find that substantial information was Endangered Species Act of 1973, as conservation measures for the species presented, we are required to promptly amended (Act). We find that the petition and its habitat, and threats to the commence a review of the status of the presents substantial information species and its habitat. species, if one has not already been

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